Grant v Grant; Grant v Grant (No. 4) [2022] NSWSC 106

Grant v Grant; Grant v Grant (No. 4) [2022] NSWSC 106

The Killcare property should be sold because, whichever will is ultimately established, it is not specifically devised and must be sold to meet estate liabilities. An independent special administrator, Mr Dornan, should conduct that sale because the sale is the likely flashpoint for family conflict, while Seth Grant remains fit and appropriate to administer the balance of the estate subject to limits and without power of distribution without leave. Nerez Grant and Kashaya Williams have no right to occupy the Killcare property as against the estate, and Nerez Grant's past non-compliance and recalcitrance justified judgment for possession and the contemplated issue of a writ for possession...

Jurisdiction
Australia
Judgment Date
14 February 2022
Procedural Posture
Consequential Orders in Estate Recovery Proceedings Concerning Administration of a Deceased Estate; Related Family Provision Proceedings Concluded / Motion for Extension of Special Administration and Ancillary Orders After Earlier Judgments and Dismissal of Appeals
Outcome
Seth Grant appointed as special administrator of the estate except for the sale of the Killcare property; Benjamin John Dornan appointed as special administrator for the sale of the Killcare property; orders made for sale and possession of the Killcare property.
Legal Topics
['administration of a Deceased Estate' 'special Administration Under Probate and Administration Act 1898' 'sale of Estate Real Property' 'constructive Trust' 'vacant Possession' 'writ for Possession' 'mandatory Injunction' 'service by Email' 'costs']
['succession' 'equity' 'civil Procedure' 'property' 'injunctions'] ['administration of a Deceased Estate' 'special Administration Under Probate and Administration Act 1898' 'sale of Estate Real Property' 'constructive Trust' 'vacant Possession' 'writ for Possession' 'mandatory Injunction' 'service by Email' 'costs']

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Procedural Posture

Consequential Orders in Estate Recovery Proceedings Concerning Administration of a Deceased Estate; Related Family Provision Proceedings Concluded / Motion for Extension of Special Administration and Ancillary Orders After Earlier Judgments and Dismissal of Appeals

Legal Issues

  1. 1 ['Whether a special administrator should be appointed to sell the Killcare property' 'Whether Seth Grant or the NSW Trustee should be appointed as special administrator for the balance of the estate' 'What orders should be made to obtain vacant possession of the Killcare property' 'Whether Nerez Grant had adequate notice of the hearing']

Ratio Decidendi

The Killcare property should be sold because, whichever will is ultimately established, it is not specifically devised and must be sold to meet estate liabilities. An independent special administrator, Mr Dornan, should conduct that sale because the sale is the likely flashpoint for family conflict, while Seth Grant remains fit and appropriate to administer the balance of the estate subject to limits and without power of distribution without leave. Nerez Grant and Kashaya Williams have no right to occupy the Killcare property as against the estate, and Nerez Grant's past non-compliance and recalcitrance justified judgment for possession and the contemplated issue of a writ for possession...

Court Disposition

Seth Grant appointed as special administrator of the estate except for the sale of the Killcare property; Benjamin John Dornan appointed as special administrator for the sale of the Killcare property; orders made for sale and possession of the Killcare property.

Orders

  • ['Pursuant to s 73(1)(a) of the Probate and Administration Act 1898 (NSW), a grant of special administration in the estate of Alan Grant be made to Seth Garran Niels Grant, limited until the Court makes a grant of probate or administration in relation to the estate.' "Seth Garran Niels Grant appointed administrator...